Rhys Blakely
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The European Commission has raised the prospect of Apple being forced to open the closed link between iTunes, its dominant online music store, and its iPod music players.
Meglena Kuneva, the Consumer Protection Commissioner, said that "something has to change" in Apple's present system, under which tracks bought on iTunes work only on iPods.
She told the German magazine Focus: "Do you think it's fine that a CD plays in all CD players but that an iTunes song only plays in an iPod? I don't."
Dr Kuneva is leading a review of Europe's cross-border consumer rights laws.
Her comments add to mounting pressure on Apple over iTunes, which accounts for as much as 80 per cent of the digital music market in some territories.
The Norwegian consumer ombudsman ruled in January that iTune's lack of interoperability with other devices was illegal, giving Apple until March 1 to respond and until October 1 to take action.
Soon afterwards, official consumer bodies in Germany, the Netherlands, Finland and France agreed a common stance, which demands that Apple give other manufacturers, such as Sony, Creative and Microsoft, access to iTunes.
Dr Kuneva's comments appear to signal a hardening of the Commission's line on Apple.
So far Brussels has said that it would need to study development in the relatively young market for music downloads.
Any proposals for change would be resisted fiercely by Apple.
Analysts widely believe that the company uses iTunes to lock consumers into its own music technology and have pointed out that iPod sales were modest until the launch of iTunes in 2004.
When French lawmakers raised the prospect of Apple being forced to open up iTunes, Apple insiders suggested that the company would rather quit France.
EMI and Sony BMG, the music labels, have experimented with selling downloads free from digital rights management (DRM) technology, which limits where a track can be played, ostensibly to guard against piracy.
Steve Jobs, the Apple chief executive, insisted recently that Apple would drop its DRM system "in a heartbeat", but added that his hands were effectively tied by the record companies.
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they absolutely cannot force apple. if they pass a law,,apple should pull out its service from france to teach them a lesson.
arch, hyderabad, india
This is such a beat up!
iTunes supports burning iTunes purchased songs to CD at which point the songs become DRM-free and you can use them with whatever devices you like.
Even without doing this, iTunes songs will play on PCs, Macs and of course iPods.
Damian Carter, Sydney, Australia
I'm sorry, but this is complete nonsense, ventilated by lobbied politicians as spokespersons for Sony, Microsoft, et al.
Last time I looked, I could play burn a CD from my iTunes library and play it on any device, so what exactly are they on about?? Just the fact that iTunes won't work with for instance a Zune-player? Duh, like anything from Microsoft ever works with anything from their competitors? They're all having a laugh right!
All these so-called 'consumer'-organisations are asking for DRM to be opened to everybody so they can all use it to further curb our rights to the stuff we buy? WHAT? They should be working together to make the music industry dump DRM instead. Who do they think they are working for anyway?
Chris, Brussels, Belgium
I think the rules about how many times you can burn a song to disk need to be changed along with needing to authorise computers to play the music as this currently means if iTunes goes broke we loose are music as well.
However I see no reason why Apple should be forced to make their music play on other players. Thats like saying Xbox games should work on a Playstation. You know what its going to work on when you buy it and there's always an alternative.
Tim, London,
I hate the way "DRM" works. I agree with Meglena Kuneva's comparison with CDs. I have recently bought various digital music players (I have one with my phone, I have one for my hi-fi and computer etc) and I buy music from Napster (because the iTunes wouldnt' work with it) - but sadly the Napster music doesn't work on my telephone. It's ridiculous having multiple incompatible DRM systems. Once I've paid for music, I should be able to play it on whichever device I want, and not be tied to the publisher.
Imagine if you could only fill up your car with petrol from one oil company. It'd be a nightmare.
Philippe Fraser, London,
Note that it is the Consumer Protection Commissioner making these comments, not the Competition Commissioner. In fact, there are no competition issues as a person who owns an ipod can download music from anywhere (not just itunes), whilst a person who owns a different mp3 player equally have a wide choice of places to download music.
With no competition issues to speak of, it is difficult also to see what consumers need protecting from. Making ITunes exclusive to Apple customers seems no different from any company offering any services to its customers.
I would be amazed if this story led to anything.
Ben, London,
I strongly believe that copyrights have to be respected; But Apple is using it as pretext to become monopolist forcing consumers to use their iPods.
Music bought from iTunes can be played on any iPod and not just fixed to one.
Arthur Abdulin, London, United Kingdom
I sincerely hope that Apple defies any attempt by the quasi-communist EU regime to force it to "open up" it's product to competition.
As Dr MandoMan says in his response, it is for other online music vendors to raise their game and provide Apple with real competition rather than some corrupt political regime to drag it down to the level of the lowest common denominator.
The EU is living beyond it's sell by date and deserves to be ignored on just about every issue it dares to pronounce on.
Andrew Murray, Forfar, Scotland, United Kingdom
How is this different from the Microsoft / Internet Explorer thing a few years back? Now Apple is using the SAME argument?
Russell Williams, Chicago, USA / Illinois
If you don't like iPods or iTunes, go use something else. I do. Forcing a business to hand over it's business module to competitors makes it unlikely they will invest the time or the research money in other venues. So Apple created a successful business module. Deal with it. There are plenty of applications out there that allow you to port your iTune to another format if it's so fricken important. Why doesn't the EU go focus on something more important - like world hunger or high unemployment in the EU member countries?
Abeeb Mohamfarfikan, Kuwait City, Kuwait
A man designes a bridge. Then builds it across the river in his yard. Now we tell him he has to use it for the freeway. Does that sound fair? Enough with this stuff. It is THEIR website\program and it is THEIR media players. What part of THEIR do people not understand?
Greg, Reno, NV
The issue is not with Apple. It's with the record companies. If Apple opened up the DRM then the record companies wont sell through apple. Beside, one can buy songs from Itunes, create a CD, rip them again and the DRM is gone. You can can play "Itunes CD" on any CD player.
Lame argument.
Randy U., Seattle, WA, USA
All that iTunes would need to do is offer its music in MP3 format that is encrypted with the same DRM tech as it's competiton uses; without any loss of sound quality associated with the current proven method of buying the song, exporting the song to a MP3 file and re-loading it under a differnent file format. Apple needs also to go along with with the approval of the Music Industry which is only attempting to protect it's own investment in the music along with the intrests of the artists that they represent; by demanding that their intellectual property is protected from UNLAWFUL replication. BTW I have a iPod and a iTunes account and do not buy my music on-line but rather purchase un-encrypted CD's from the USED CD store or purchase the CD's when they hit clearance! I also prefer to keep my music in Apples format as I prefer the better file compression which saves me disk space. So in my case DRM is nothing more than a bother.
Richard Kristin, Sterling Heights,
This is stupid. The fluffy feel-good socialist camp in Brussels is at it again trying to make the world freaking disneyland.
Anyway, Apple should tell the EU to go stuff themselves. And as far as this article claiming that iTunes launched in 2004? WHAT! Maybe they mean in the EU or something but I can remember using iTunes way way way back when. long before 2004.
Ivan Thomson, Palm Springs, California
I agree 100% with Dr. MandoMan.
rachel, philadelphia,
iTunes is owned by Apple. iTunes is Apple's game. If the EU doesn't want to play Apple's game by Apple's rules, that's the EU's problem, not Apple's. The people actually spending the money on iTunes in the EU don't seem to have a problem with any of this. Just because you're the big jealous bully doesn't mean you can go beat up the little rich kid because he won't share. Why should success and market/job security be bad? There are plenty of other music services to buy music from. Apple's iTunes "monopoly" is simply because they're the best at what they do. If no one else is making as much money as iTunes, maybe everyone else should try to see what iTunes does right and make their systems as good or better. iTunes isn't the ONLY way to do music, so figure something else out and market it as well as Apple. The EU needs to buck up and find some way to get real competition, not just smush the leader. We'd miss the winner if he decides to pull out because no one liked his rules
Dr.MandoMan, Taylors, SC
Will this mean the EU will also force Microsoft to support playing their DRM-content on Mac OS X as well? Or is it just a one way street?
What I don't see is the EU demanding that record companies loosen the requirements set upon Apple for offering their music. If the record companies didn't have DRM, this issue would go away completely.
So is this a matter of caring about the consumer, or just punishing a company who took the risks to create a new company? Will EU also dictate the license terms? It seems like the EU likes to really micro-manage companies. And who wants a government agency micromanaging company policies? Not me.
If the licensing of FairPlay diminishes Apple's profits, it effectively punishes Apple (and its shareholders) for innovation and offers up a corporate welfare system. Is that what a government agency should be doing? Apparently EU doesn't believe in the free market.
Mark Munz, Vancouver, USA
Or hey, how about -- ready for this? -- not buying from the iTunes store if you don't like the terms. Duh.
It's what I do, and I don't have any issues with incompatibility.
Pretty complicated, no?
reggie, springfield, usa
Meglena needs to open her eyes. Does she realize that here in Australia some of Europe's DVD's won't play on our DVD players or computers because they are set to a certain region code, European appliances won't work on our electrical current, Microsoft files don't run on a standard Mac, etc.
How about we change all this too so everything is totally cross-compatible.?!
Really!
If Apple have developed a system that only runs on Apple products, then that's their choice. Personally I love Aple gear, iTunes and iPod.
If people aren't compatible, or choose not to be compatible with Apple, then their are plenty of other online music stores out their for them.
Berko, Maroochydore, Australia
"It's easy enough to convert iTunes bought media into DRM-less media and then put it into your MP3 player of choice."
No, it's not easy. You have to burn an audio CD first and then rip that CD back into MP3. It's a time consuming process and one that I should not have to put up with.
And you're wrong about Microsoft's DRM features. Every single DRM solution that Microsoft makes is open and can be used by any company that wants to use it. See PlaysForSure.
Microsoft builds platforms for other companies to build on whereas Apple builds cages for the consumer to stagnate in.
Wayne B, Philadelphia, USA
Quite right, DRM is what should be outlawed here, it doesn't prevent piracy at all and it just annoys consumers who actually have paid for music, video etc.
Dan Bishop, Marske-by-the-sea, England
I could not stop laughing when I read this. Apple should quit France, if they are forced to make changes.
Just make your own software to handle the interoperability between different devices.
Bablu, Maryland Heights, US
Steve Jobs pledged to drop DRM if the major labels would let him. That's not good enough Steve! What about the things that YOU could do to show your sincere about dropping DRM?
Sign the petition asking Steve Jobs to back his pledge by April 1 at defectivebydesign.org
Steve could:
1) remove DRM for independent artists
2) drop DRM on Disney movies (he's their largest share holder)
3) Take a stand against the DMCA.
Time for him to stand behind his word or be shown to be playing us the fool.
Chris Mister, Oxford, UK
It's easy enough to convert iTunes bought media into DRM-less media and then put it into your MP3 player of choice. Dr Kuneva seems to or wants to miss the point that it's the record companies, not Apple, that insist on DRM. And what about all those DRM features and incompatibilities that Microsoft enforces? Not a word about that!
Something funny is going on here and it's not about DRM.
Charles Silverman, Toronto, ON
Dr. Kuneva is obviously technology challenged. I have purchased many songs and albums from the iTunes music store and after burning my purchase to a CD I am able to use it in any of my music devices. I do not see the doctors point other than they need to go get some help at a local Genius bar.
Keith Oliverson, Kaysville, UT
What idiocy to call iTunes an example of illegal tying. Any reasonable market definition shows ample availability of substitutes for an iPod. iTunes is winning because it is convenient. I use it and do not even own (or want) an iPod. The EU's attempt is just another example of sharpies attempting to mine the wealth out of the innovations of others.
Tarrant, Dallas, TX, U.S.